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Joshua, Lawyer

Category: Law

Satisfied Customers: 26070

Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

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I had a judgement from the Employment tribunial in 2007 and

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I had a judgement from the Employment tribunial in 2007 and have managed to get £1000 back from the company after I was given judgement in my favour. I am now not in a position to keep visiting the court in Hammersmith as I have a sick Husband and wonder if I should carry on with trying to get the remaining £5034.00

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if I am correct to assume that that you have already obtained an order from the court allowing you to enforce the determination of the tribunal in court please?Assuming I am safe in the above assumption, may I ask for a brief summary of what enforcement action you have attempted to date?Finally is the employer solvent and is it a limited company or a private individual?

Thank you. Collecting from reluctant creditors who are not concerned with impact of CCJs on their credit record can be frustrating to say the least. The semi positive news is that there is no statute of limitations on a court judgement so it does not expire and you can seek interest at 8% per annum on the amounts owed under s69 County Courts Act.This is not much comfort if the money is needed nor does it do much for frustration levels but unless the organisation goes bankrupt there is no timelimit after which it would be free of your judgement.As to how to extract the money if you belive they hold money in their account(s) you could consider a third party debt order though this will only be effective to the extent that they have money in the account at the time. This is an order by the court to their bank to pay you money from their account directly without authorisation from the court.http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n349-eng.pdfYou may also consider a statutory demand. This costs no money and is a formal warning that unless they make payment in full or formally apply to the court to attempt to set aside the statutory demand where they will need to convince a judge that they do not owe the money demanded to do so, they may be made bankrupt or wound up if a limited company. If they fail to do either of the above, after 21 days you can apply to make them bankrupt though there is no requirement that you do so. Statutory demands can be a powerful weapon to convince unwilling creditors to pay what is owed without the need for court action though only if they wish to avoid bankruptcy of course. If they are unconcerned about potentially being made bankrupt then it may fail but as above there is no requirement to follow through so it costs nothing really to try. if the organisation is a trust run by a Board of Trustees, then potentially you can apply to make one or all of the trustees bankrupt if they refuse to pay and trustees will typically have some assets at least that they wish to protect and so this could potentially be a very powerful weapon if you are correct about the organisation being run as a trust.The form you need can be found using the following link if the organisation is not a limited company:https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-following-a-judgment-or-order-of-the-court-form-62I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful

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